Lawyers representing Pokugara Properties managing director, Michael John Van Blerk, have said perjury charges levelled against their client are fake and are meant to embarrass him.
The state alleges that Van Blerk lied under oath that a house constructed by land developer George Katsimberis was built without approved building plans from the City of Harare.
Katsimberis vehemently denies the same saying that he is in possession of all documents to prove his assertions.
The show house in question was constructed by Katsimberis under a deal with Pokugara proprietor, Kenneth Raydon Sharpe, who is said to have controversially pulled out from the deal.
But in a defence outline seen by NewZimbabwe.com, the defence led by Tawanda Zhuwarara says Blerk pleads not guilty. Zhuwarara said:
The allegations of perjury are calculated to embarass the accused person in that they are based on facts that the complainant admitted under cause HC8943/18. Each allegation the prosecution now claims to have been falsely averred was admitted by the complainant by non-contravention.
Perjury cannot actuate from an affidavit whose averments were admitted by complainant as having been true in the proceedings wherein such affidavit lodged. The charge is, therefore, incompetent, and embarrassing. It must be quashed.
The defence further argued accused Blerk did not lie that the show house was built without approved building plans from the City of Harare (CoH) through a letter dated July 26, 2018.
The show house was then demolished at the direction of the CoH who were acting in terms of Section 32, 34 and 35 of the Regional Town and Country Planning Act (Chapter 29:12).
Van Blerk also denies that it was alleged that Katsimberis had built on Stand 10 instead of Stand 9.
The matter is yet to go for trial following numerous false starts.
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